The central poll body has earlier faced flak from the Supreme
Court for not taking a clear stand on the BJP leader's appeal
seeking to bar convicted politicians for life during a hearing
in July.

An apex court bench comprising Justices Ranjan Gogoi and Navin
Sinha slammed poll panel and asked whether it was ‘constrained’
to give its thoughts on the issue.

“Is silence an option for you (ECI)? You must say either ‘yes’
or ‘no’ on whether you are supporting the petitioner. You are
the ECI and here is a citizen of India who has come here to seek
lifetime debarment of convicted persons. Can you say I will be
silent? No, you cannot,” the bench had then said.

“If you (ECI) feel constrained by the legislature, then let us
know. If you are even constrained to the extent of giving your
view, feel free and say so clearly,” it said.

After ECI’s response, the apex court said that it was clear that
the poll body has supported the cause advocated by petitioner,
Ashwini Kumar Upadhyay, who had sought a life ban for convicted
politicians.

What the current law says

Under the current law, a lawmaker can be debarred for six years
from contesting elections once he is convicted for heinous or
moral offences.

Various pleas have knocked the Supreme Court’s door arguing that
the ban should be lifetime at par with the judiciary and
executive where a person cannot hold office for life
post-conviction.

The Election Commission’s latest submission in the apex court
could have far-reaching consequences on top leaders like
Rashtriya Janata Dal chief Lalu Prasad who has been convicted in
the fodder scam.

Former Bihar CM Lalu Prasad was sentenced to five years in
prison in October 2013 after being convicted in a 17-year-old
case related to the embezzlement of Rs 37 crore meant for the
purchase of cattle fodder for farmers in the state.